6/3/11 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 3.5 ACRES OF FORESTED WETLANDS ADJACENT TO WHITE OAK SWAMP. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING MECHANIZED LAND CLEARING FOR SITE PREPARATION FOR A PASTURE.
THE FOLLOWING FACTS ARE TRUE AND SUBSTANTIATED:
A. THE U.S. ARMY CORPS OF ENGINEERS (CORPS) ISSUED A CEASE AND DESIST ORDER TO MS. DEBBIE DIEFENTHALER ON AUG 19, 2008.
B. THE CORPS REFERRED THIS CASE TO EPA FOR RESOLUTION ON FEB 5, 2009.
C. EPA ISSUED A CWA SEC 308 INFO REQUEST AS WELL AS A CWA 309(a) ORDER TO CEASE ADDITIONAL DISCHARGES OF DREDGED AND FILL MATERIAL INTO WATERS OF THE U.S. TO THE RESPONDENT ON APR 22, 2009. THE RESPONDENT WAS ALSO ORDERED TO SUBMIT A SITE RESTORATION PLAN THAT INCLUDED THE REMOVAL OF UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED INTO WETLANDS AND WATERS OF THE U.S. AND THE RESTORATION OF IMPACTED WETLANDS AND WATERS OF THE U.S. AT THE DISCHARGE AREA.
D. RESPONDENT PROVIDED THE INFO REQUEST RESPONSE ON MAY 24, 2009.
E. EPA CONDUCTED A SITE INSPECTION ON JULY 20, 2009 AND CONFIRMED THE PRESENCE OF UNAUTHORIZED IMPACTS TO WETLANDS AND WATERS OF THE U.S.
F. RESPONDENT SUBMITTED A FINAL RESTORATION PLAN TO EPA ON FEB 17, 2011.
COMMENCING DURING JULY 2008 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AN